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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-02-SJ-087
)
Jorge L Estrada ) NAL/Acct. No.200332680002
Owner of Antenna Structure )
#1043939 in Cubuy, Puerto Rico ) FRN 0008354300
Bayamon, Puerto Rico )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: February 13, 2003
By the Enforcement Bureau, San Juan Office:
I. INTRODUCTION
1. In this Notice of Apparent Liability for
Forfeiture (``NAL''), we find Jorge L Estrada, owner of
antenna tower structure 1043939 located in Cubuy, Puerto
Rico, apparently liable for a forfeiture in the amount of
ten thousand dollars ($10,000) for willful and repeated
violation of Section 17.51 of the Commission's Rules
(``Rules'').1 Specifically, we find Jorge L Estrada
apparently liable for failure to exhibit required
obstruction lighting.
II. BACKGROUND
2. On December 12, 2002, the antenna structure
bearing FCC antenna structure registration (``ASR'') number
1043939 and located 1.1 miles NE of road 186 Km 9.2, Bo.
Cubuy, in Canovanas, Puerto Rico, was inspected by agents of
the Commission's San Juan Office. At the time of
inspection, the structure's top red beacon and three of its
sidelights were dark. The Commission's ASR database shows
the registered owner of this structure to be Jorge L
Estrada.
3. On December 16, 2002, the agents interviewed the
structure owner, Jorge L. Estrada, who stated that he was
aware the lights were out and that no report of the light
outage had been made to the Federal Aviation Administration
(``FAA'').
III. DISCUSSION
4. Antenna structure registration #1043939 specifies
lighting for this structure that includes requirements that
the structure be lit at night with red top beacon and side
lights. Jorge L. Estrada is the registered owner of this
structure. Section 17.51 of the Rules requires that all red
obstruction lighting be exhibited from sunset to sunrise
unless otherwise specified. From at least December 12 to
16, 2002, Jorge L Estrada's antenna structure #1043939 had
the red top beacon and three of its sidelights dark. The
owner had made no report of the light outage to the FAA.2
5. Based on the evidence before us, we find Jorge L
Estrada willfully3 and repeatedly4 violated Section 17.51 of
the Rules by failing to exhibit all required red obstruction
lighting from sunset to sunrise.
6. Pursuant to Section 1.80(b)(4) of the Rules,5 the
base forfeiture amount for failure to exhibit all red
obstruction lighting from sunset to sunrise is ten thousand
dollars ($10,000). In assessing the monetary forfeiture
amount, we must also take into account the statutory factors
set forth in Section 503(b)(2)(D) of the Communications Act
of 1934, as amended (``Act''), which include the nature,
circumstances, extent, and gravity of the violation, and
with respect to the violator, the degree of culpability, any
history of prior offenses, ability to pay, and other such
matters as justice may require.6 Considering the entire
record and applying the factors listed above, this case
warrants a $10,000 forfeiture.
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED THAT, pursuant to
Section 503(b) of the Act,7 and Sections 0.111, 0.311 and
1.80 of the Rules,8 Jorge L Estrada is hereby NOTIFIED of
this APPARENT LIABILITY FOR A FORFEITURE in the amount of
ten thousand dollars ($10,000) for willful and repeated
violation of Section 17.51 of the Rules by failing to
exhibit all required red obstruction lighting from sunset to
sunrise.
8. IT IS FURTHER ORDERED THAT, pursuant to Section
1.80 of the Rules, within thirty days of the release date of
this NAL, Jorge L Estrada SHALL PAY the full amount of the
proposed forfeiture or SHALL FILE a written statement
seeking reduction or cancellation of the proposed
forfeiture.
9. Payment of the forfeiture may be made by mailing a
check or similar instrument, payable to the order of the
Federal Communications Commission, to the Forfeiture
Collection Section, Finance Branch, Federal Communications
Commission, P.O. Box 73482, Chicago, Illinois 60673-7482.
The payment should note the NAL/Acct. No. and FRN referenced
above. Requests for payment of the full amount of this NAL
under an installment plan should be sent to: Chief, Revenue
and Receivables Operations Group, 445 12th Street, S.W.,
Washington, D.C. 20554.9
10. The response, if any, must be mailed to Federal
Communications Commission, Office of the Secretary, 445 12th
Street SW, Washington DC 20554, Attn: Enforcement Bureau-
Technical & Public Safety Division and MUST INCLUDE THE
NAL/Acct. No. referenced above.
11. The Commission will not consider reducing or
canceling a forfeiture in response to a claim of inability
to pay unless the petitioner submits: (1) federal tax
returns for the most recent three-year period; (2) financial
statements prepared according to generally accepted
accounting practices (``GAAP''); or (3) some other reliable
and objective documentation that accurately reflects the
petitioner's current financial status. Any claim of
inability to pay must specifically identify the basis for
the claim by reference to the financial documentation
submitted.
12. Under the Small Business Paperwork Relief Act of
2002, Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the
FCC is engaged in a two-year tracking process regarding the
size of entities involved in forfeitures. If you qualify as
a small entity and if you wish to be treated as a small
entity for tracking purposes, please so certify to us within
thirty (30) days of this NAL, either in your response to the
NAL or in a separate filing to be sent to the Technical &
Public Safety Division. Your certification should indicate
whether you, including your parent entity and its
subsidiaries, meet one of the definitions set forth in the
list provided by the FCC's Office of Communications Business
Opportunities (OCBO) set forth in Attachment A of this
Notice of Apparent Liability. This information will be used
for tracking purposes only. Your response or failure to
respond to this question will have no effect on your rights
and responsibilities pursuant to Section 503(b) of the
Communications Act. If you have questions regarding any of
the information contained in Attachment A, please contact
OCBO at (202) 418-0990.
13. IT IS FURTHER ORDERED THAT a copy of this NAL
shall be sent by regular mail and Certified Mail Return
Receipt Requested to Jorge L Estrada., Calle 5D1, Alturas de
Flamboyan, Bayamon, Puerto Rico 00959.
FEDERAL COMMUNICATIONS COMMISSION
William Berry
San Juan Office, Enforcement Bureau
_________________________
1 47 C.F.R. § 17.51.
2 See 47 C.F.R. § 17.48(a).
3 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
applies to violations for which forfeitures are assessed
under Section 503(b) of the Act, provides that ``[t]he term
`willful', when used with reference to the commission or
omission of any act, means the conscious and deliberate
commission or omission of such act, irrespective of any
intent to violate any provision of this Act . . . .'' See
Southern California Broadcasting Co., 6 FCC Rcd 4387-88
(1991).
4 The term ``repeated,'' when used with reference to the
commission or omission of any act, ``means the commission or
omission of such act more than once or, if such commission
or omission is continuous, for more than one day.'' 47
U.S.C. § 312(f)(2).
5 47 C.F.R. § 1.80(b)(4).
6 47 U.S.C. § 503(b)(2)(D).
7 47 U.S.C. § 503(b).
8 47 C.F.R. §§ 0.111, 0.311, 1.80.
9 See 47 C.F.R. § 1.1914.